Controlled Waste Legislation
OVERVIEW OF THE LAW
Waste is defined as any subtance that the holder discards or intends to discard or which is required to be discarded. Controlled waste is a type of waste which is further categorised into household, commercial and industrial waste; whilst those that are dangerous or difficult to treat, keep or dispose of are classified as hazardous waste. There are three approaches to dealing with waste, the priority is to prevent waste from arising; if this is not possible, waste should be reused, recycled or recovered; and as a last resort, waste should be disposed of in a manner that does not cause environmental harm. There is a duty of care on any person who imports, produces, carries, keeps, treats or disposes of controlled waste, or as a waste broker who has control of such waste, to prevent anybody depositing, treating, keeping or disposing of waste in a manner likely to cause environmental pollution or harm to the health of living organisms or other interference with the ecological systems. There is also a duty to ensure that waste is accompanied with the appropriate documentation, and that it is only transferred and handled by an authorised person or a person authorised for transport purposes. An environmental permit is required to carry out any of the activities relating to waste. Although classified as controlled waste, animal by-products, end-of-life vehicles are covered by specific regulations. There are also special requirements for the incineration of waste, its recycling, its import and export. Failure to comply, without a reasonable excuse, with any of the requirements of law regarding controlled waste is an offence and the offender is liable to pay a fine or serve a prison sentence.
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